Question about the VA restaurant carry law

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Question about the VA restaurant carry law

Now that VA has concealed restaurant carry, will I be fine if I carry concealed in a place that is more like a bar than a restaurant and not drink? I ask this because I remember reading somewhere that VA does not distinguish between a bar and a restaurant when they issue license to serve alcohol.

Virginia does not recognize a difference between a "Bar" and a Restaurant that sells beer to be served on site. Therefore, you can CC at all of those places now, however it is a crime to consume. You can carry at a bar no problem, just no drinking.

That is what I heard. Consuming is not a big deal to me since I don't drink anyways. I just want to make sure I can carry if I go out with some old friends when I'm back in VA visiting. I was hoping Handgunlaw.us would have been updated but the old statue is still in the places off limits to carry section still.

In some states and jurisdictions establishments may serve alcohol and not serve food - hence, a bar.
In VA if you sell alcohol to consume on premises you must also serve food - hence, a restaurant that serves alcohol (no bars in VA).

Some Virginia laws as of July 1, 2010:

People who legally carry firearms openly already may enter restaurants that serve alcohol and may drink.

A new law allows concealed carry, but prohibits concealed handgun carriers from consuming alcohol in a club or restaurant.

A concealed gun carrier who violates the law by consuming alcohol can be charged with a class 2 misdemeanor punishable by up to six months in jail and a $1,000 fine.

A restaurant owner may refuse service to gun carriers and prohibit them from entering with their weapons, concealed or not.

Gun owners can also be charged with trespassing for brining their weapons into establishments that post signs prohibiting them.

Another new law - People who don’t have concealed weapons permits may stow their firearms in the glove compartment or a container in their vehicle.

In some states and jurisdictions establishments may serve alcohol and not serve food - hence, a bar.
In VA if you sell alcohol to consume on premises you must also serv
A restaurant owner may refuse service to gun carriers and prohibit them from entering with their weapons, concealed or not.
e food - hence, a restaurant that serves alcohol (no bars in VA).

Some Virginia laws as of July 1, 2010:

People who legally carry firearms openly already may enter restaurants that serve alcohol and may drink.

A new law allows concealed carry, but prohibits concealed handgun carriers from consuming alcohol in a club or restaurant.

A concealed gun carrier who violates the law by consuming alcohol can be charged with a class 2 misdemeanor punishable by up to six months in jail and a $1,000 fine.

A restaurant owner may refuse service to gun carriers and prohibit them from entering with their weapons, concealed or not.

Gun owners can also be charged with trespassing for brining their weapons into establishments that post signs prohibiting them.

Another new law - People who don’t have concealed weapons permits may stow their firearms in the glove compartment or a container in their vehicle.

Bobo

That's the way I understand it.

According to the VCDL, the restaurant or club has the right to notify customers that guns are prohibited

Now that VA has concealed restaurant carry, will I be fine if I carry concealed in a place that is more like a bar than a restaurant and not drink? ....

OP, Yes!

You will be fine if you carry concealed in a place that is more like a bar than a restaurant and not drink.

In Virginia, most public places where you would likely go that serve alcoholic beverages for on-premises consumption are a restaurant or club.

FWIIW -- the % of sales needed for for a beer, or wine and beer license is less than for for a mixed beverage license, for a restaurant.

The relevant law:

"J3. No person who carries a concealed handgun onto the premises of anyrestaurant or club as defined in § 4.1-100 for which a license to sell and
serve alcoholic beverages for on-premises consumption has been granted by
the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of
Virginia may consume an alcoholic beverage while on the premises. A person
who carries a concealed handgun onto the premises of such a restaurant or
club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor.
However, nothing in this subsection shall apply to a federal, state, or
local law-enforcement officer."
[emphasis added]

Note: this law only applies to restaurants and clubs as defined in § 4.1-100.

....
"Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.

Any such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.

....

"Restaurant" means, for a beer, or wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.

"Restaurant" means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.

....

Most places where alcoholic beverages is sold are either restaurants or clubs. However, there are some other places where alcoholic beverages can be sold and consumed -- Day Spa, Meal Assembly Kitchen, Mixed Beverage Caterer, Airplane, Boat, Train, Amphitheater, Motor Sports Facility, Special Event, Banquet Facility, Bed and Breakfast, Canal Boat, Equine Sporting Facility, Gourmet Brewing Shop, Motor Car Sporting Facility, Museum.